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The Needless Conflict
If Buchanan had met the Kansas problem firmly we might have avoided civil war The fourth in a series on TIMES OF TRIAL IN AMERICAN STATECRAFT
August 1956 | Volume 7, Issue 5
When James Buchanan, standing in a homespun suit belore cheering crowds, took the oath of office on March 4, 1857, he seemed confident that the issues belore the nation could be readily settled. He spoke about an army road to California, use of the Treasury surplus to pay all the national debt, anil proper guardianship of the public lands. In Kansas, he declared, the path ahead was clear. The simple logical rule that the will of the people should determine the institutions of a territory had brought in sight a happy settlement. The inhabitants would declare for or against slavery as they pleased. Opinions differed as to the proper time for making such a decision; but Buchanan thought that “the appropriate period will be when the number of actual residents in the Territory shall justify the formation of a constitution with a view to its admission as a State.” He trusted that the long strife between North and South was nearing its end, and that the sectional party which had almost elected Frcmont would die a natural death.
Two days after the inaugural Huchanan took deep satisfaction in a decision by the Supreme Court of which he had improper foreknowledge: the Died Scott decision handed down by Chief Justice laney. Its vital element, so far as the nation’s destiny was concerned, was the ruling that the Missouri Compromise restriction, by which slavery had been excluded north of the 36° 30’ line, was void; that on the contrary, every territory was open to slavery. Not merely was Congress without power to legislate against slavery, but by implication it should act to protect it. Much of the northern press denounced the decision fervently. Hut the country was prosperous; it was clear that time and political action might change the Supreme Court, bringing a new decision; and the explosion of wrath proved brief.
Buchanan had seen his view sustained; slavery might freely enter any territory, the inhabitants of which could not decide whether to keep it or drop it until they wrote their first constitution. In theory, the highway to national peace was as traversible as the Lancaster turnpike. To be sure, Kansas was rent between two bitter parties, proslavery and antislavery; from the moment Stephen A. Douglas’ Kansas-Nebraska Act had thrown open the West to popular sovereignty three years earlier, it had been a theater of unrelenting conflict. Popular sovereignty had simply iailecl to work. In the spring of 1855 about five thousand invading Missourians, swamping the polls, had given Kansas a fanatically proslavery legislature which the free-soil settlers flatly refused to recognize. That fall a free-soil convention in Topeka had adopted a constitution which the slavery men in turn flatly rejected. Some bloody fighting had ensued. But could not all this be thrust into the past?
In theory, the President might now send out an impartial new governor; and if the people wanted statehood, an election might be held for a new constitutional convention. Then the voters could give the nation its sixteenth slave state or its seventeenth free state—everybody behaving quietly and reasonably. Serenity would prevail. Actually, the idea that the people of Kansas, so violently aroused, would show quiet reason, was about as tenable as the idea that Europeans would begin settling boundary quarrels by a quiet game of chess. Behind the two Kansas parties were grim southerners and determined northerners. “Slavery will now yield a greater profit in Kansas,” trumpeted a southern propagandist in De Bow’s Review , “either to hire out or cultivate the soil, than any other place.” He wanted proslavery squatters. Meanwhile, Yankees were subsidizing their own settlers. “I know people,” said Emerson in a speech, “who are making haste to reduce their expenses and pay their debts … to save and earn for the benefit of Kansas emigrants.”
Nor was reason in Kansas the only need. Impartiality in Congress, courage in the presidential chair, were also required. The stage was dressed for a brief, fateful melodrama, which more than anything else was to fix the position of James Buchanan and Stephen A. Douglas in history, was to shape the circumstances under which Lincoln made his first national reputation, and was to have more potency than any other single event in deciding whether North and South should remain brothers or fly at each other’s throats. That melodrama was entitled “Lecompton.” Douglas was to go to his grave believing that, had Buchanan played an honest, resolute part in it, rebellion would have been killed in its incipiency. The role that Buchanan did play may be counted one ot the signal lailures of American statesmanship.
To hold that the Civil War could not have been averted by wise, firm, and timely action is to concede too much to determinism in history. Winston Churchill said that the Second World War should be called “The Unnecessary War”: the same term might as justly be applied to our Civil War. Passionate unreason among large sections of the population was one ingredient in the broth of conflict. Accident, fortuity, late, or sheer bad luck (these terms are interchangeable) was another; John Brown’s raid, so malign in its effects on opinion, North and South, might justly be termed an accident. Nothing in the logic ol forces or events required so crazy an act. But beyond these ingredients lies the further element of wretched leadership. Had the United States possessed three larseeing, imaginative, and resolute Presidents instead of Fillmore, Pierce, and Buchanan, the war might have been postponed until time and economicforces killed its roots. Buchanan was the weakest of the three, and the Lecompton affair lights up his incompetence like a play of lightning across a nocturnal storm front.
The melodrama had two stages, one in faraway, thinly settled Kansas, burning hot in summer, bitter cold in winter, and, though reputedly rich, really so poor that settlers were soon on the brink of starvation. Here the most curious lact was the disparity between the mean actors and the great results they effected. A handful of ignorant, reckless, semi-drunken settlers on the southern side, led by a few desperadoes of politics—the delegates of the Lecompton Constitutional Convention—actually had the power to make or mar the nation. The other stage was Washington. The participants here, representing great interests and ideas, had at least a dignity worthy of the scene and the consequences of their action. James Buchanan laced three main groups holding three divergent views ol the sectional problem.
The proslavery group (that is, Robert Toombs, Alexander H. Stephens, Jefferson Davis, John Slidell, David Atchison, and many more) demanded that slavery be allowed to expand freely within the territories; soon they were asking also that such expansion be given federal protection against any hostile local action. This stand involved the principle that slavery was morally right, and socially and economically a positive good. Reverdy Johnson of Maryland, in the Dred Scott case, had vehemently argued the beneficence of slavery.
The popular sovereignty group, led by Douglas and particularly strong among northwestern Democrats, maintained that in any territory the issue of slavery or free soil should be determined at all times by the settlers therein. Douglas modified the Dred Scott doctrine: local police legislation and action, he said, could exclude slavery even before state-making took place. He sternly rejected the demand for federal protection against such action. His popular sovereignty view implied indifference to or rejection of any moral test of slavery. Whether the institution was socially and economically good or bad depended mainly on climate and soil, and moral ideas were irrelevant. He did not care whether slavery was voted up or voted down; the right to a fair vote was the all-important matter.
The free-soil group, led by Seward and Chase, but soon to find its best voice in Lincoln, held that slavery should be excluded from all territories present or future. They insisted that slavery was morally wrong, had been condemned as such by the Fathers, and was increasingly outlawed by the march of world civilization. It might be argued that the free-soil contention was superfluous, in that climate and aridity forbade a further extension of slavery anyhow. But in Lincoln’s eyes this did not touch the heart of the matter. It might or might not be expansible. (Already it existed in Delaware and Missouri, and Cuba and Mexico might be conquered lor it.) What was important was for America to accept the fact that, being morally wrong arid socially an anachronism, it ought not to expand; it ought to be put in the way of ultimate eradication. Lincoln was a planner. Once the country accepted nonexpansion, it would thereby accept the idea of ultimate extinction. This crisis met and passed, it could sit down and decide when and how, in God’s good time and with suitable compensation to slave-holders, it might be ended.
The Buchanan who faced these three waning groups was victim of the mistaken belief among American politicians (like Pierce, Benjamin Harrison, and Warren G. Harcling, lor example) that it is better to be a poor President than to stick to honorable but lesser posts. He would have made a respectable diplomat or decent Cabinet officer under a really strong President. Sixty-six in 1857, the obese bachelor felt all his years. He had wound his devious way up through a succession of offices without once showing a flash of inspiration or an ounce of grim courage. James K. Polk had accurately characterized him as an old woman—”It is one of his weaknesses that he takes on and magnifies small matters into great and undeserved importance.” His principal characteristic was irresolution. “Even among close friends,” remarked a southern senator, “he very rarely expressed his opinions at all upon disputed questions, except in language especially marked with a cautious circumspection almost amounting to timidity.”
He was industrious, capable, and tactful, a wellread Christian gentleman; he had acquired from forty years of public life a rich fund of experience. But he was pedestrian, humorless, calculating, and pliable. He never made a witty remark, never wrote a memorable sentence, and never showed a touch of distinction. Above all (and this was the source of his irresolution) he had no strong convictions. Associating all his life with southern leaders in Washington, this Pennsylvanian leaned toward their views, but he never disclosed a deep adherence to any principle. Like other weak men, he could be stubborn; still oftener, he could show a petulant irascibility when events pushed him into a corner. And like other timid men, he would sometimes flare out in a sudden burst of anger, directed not against enemies who could hurt him but against friends or neutrals who would not. As the sectional crisis deepened, it became his dominant hope to stumble through it, somehow, and anyhow, so as to leave office with the Union yet intact. His successor could bear the storm.
This was the President who had to deal, in Kansas and Washington, with men of fierce conviction, stern courage and, all too often, ruthless methods.
In Kansas the proslavery leaders were determined to strike boldly and unscrupulously for a slave state. They maintained close communications with such southern chieftains in Washington as Senator Slidell, Speaker James L. Orr, and Hovvell Cobb and Jacob Thompson, Buchanan’s secretaries of the Treasury and the Interior. Having gained control of the territorial legislature, they meant to keep and use this mastery. Just before Buchanan became President they passed a bill for a constitutional convention—and a more unfair measure was never put on paper. Nearly all county officers, selected not by popular vote but by the dishonestly chosen legislature, were proslavery men. The bill provided that the sheriffs and their deputies should in March, 1857, register the white residents; that the probate judges should then take from the sheriffs complete lists of qualified voters; and that the county commissioners should finally choose election judges.
Everyone knew that a heavy majority of the Kansas settlers were antislavery. Many, even ol the southerners, who had migrated thither opposed the “peculiar institution” as retrogressive and crippling in character. Everybody also knew that Kansas, with hardly thirty thousand people, burdened with debts, and unsupplied with fit roads, schools, or courthouses, was not yet ready lor statehood; it still needed the federal government’s care. Most Kansans refused to recognize the “bogus” legislature. Yet this legislature was forcing a premature convention, and taking steps to see that the election of delegates was controlled by sheriffs, judges, and county commissioners who were mainly proslavery Democrats. Governor John W. Geary, himself a Democrat appointed by Pierce, indignantly vetoed the bill. But the legislature immediately repassed it over Geary’s veto; and when threats against his life increased until citizens laid bets that he would be assassinated within forty days, he resigned in alarm and posted east to apprise the country of imminent perils.
Along the way to Washington, Geary paused to warn the press that a packed convention was about to drag fettered Kansas before Congress with a slavery constitution. This convention would have a free hand, for the bill just passed made no provision lor a popular vote on the instrument. Indeed, one legislator admitted that the plan was to avoid popular submission, for he proposed inserting a clause to guard against the possibility that Congress might return the constitution for a referendum. Thus, commented the Missouri Democrat , “the felon legislature has provided as effectually for getting the desired result as Louis Napoleon did tor getting himself elected Emperor.” All this was an ironic commentary on Douglas’ maxim: “Let the voice of the people rule.”
And Douglas, watching the reckless course of the Kansas legislators with alarm, saw that his principles and his political future were at stake. When his Kansas-Nebraska Act was passed, he had given the North his solemn promise that a free, full, and Tailelection would decide the future of the two territories. No fraud ,no sharp practice, no browbeating would be sanctioned: every male white citizen should have use ol the ballot box. He had notified the South that Kansas was almost certain to be Tree soil. Now he professed confidence that President Buchanan would never permit a breach ol l’air procedure. He joined Buchanan in persuading one ol the nation’s ablest men, former Secretary ol the Treasury Robert J. Walker, to go out to Kansas in Geary’s place as governor. Douglas knew that il he consented to a betrayal ol popular sovereignty he would be ruined forever politically in his own state ol Illinois.
For a brief space in the spring of 1857 lîurhanan seemed to stand firm. In his instructions to Governor Walker he engaged that the new constitution would be laid before the people: and “they must be protected in the exercise of their right of voting for or against that instrument, and the lair expression of the popular will must not be interrupted by fraud or violence.”
It is not strange that the rash proslavery gamesters in Kansas prosecuted their designs despite all Buchanan’s lair words and Walker’s desperate efforts to stay them. They knew that with four fifths of the people already against them, and the odds growing greater every year, only bra/en trickery could effect their end. They were aware that the South, which believed that a fair division would give Kansas to slavery and Nebraska to freedom, expected them to stand firm. They were egged on by the two reckless southern Cabinet members, Howell Cobb and Thompson, who sent an agent, H. L. Martin of Mississippi, out to the Kansas convention. This gathering in Lecompton, with 48 of the 60 members hailing from slave states, was the shabbiest conclave of its kind ever held on American soil. One of Buchanan’s Kansas correspondents wrote that he had not supposed such a wild set could be found. The Kansas News termed them a body of “broken-down political hacks, demagogues, fire-eaters, perjurers, ruffians, ballot-box stuffers, and loafers.” But before it broke up with the shout, “Now, boys, let’s come and take a drink!” it had written a constitution.
This constitution, the work of a totally unrepresentative body, was a devious repudiation of all the principles Buchanan and Douglas had laid down. Although it contained numerous controversial provisions, such as a limitation of banking to one institution and a bar against free Negroes, the main document was not to be submitted to general vote at all. A nominal reference of the great cardinal question was indeed provided. Voters might cast their ballots for the “constitution with slavery” or the “constitution without slavery.” But when closely examined this was seen to be actually a piece of chicanery. Whichever form was adopted, the 200 slaves in Kansas would remain, with a constitutional guarantee against interference. Whenever the proslavery party in Kansas could get control of the legislature, they might open the door wide for more slaves. The rigged convention had put its handiwork before the people with a rigged choice: “Heads I win, tails you lose.”
Would Buchanan lay this impudent contrivance before Congress, and ask it to vote the admission of Kansas as a state? Or would he contemptuously spurn it? An intrepid man would not have hesitated an instant to take the honest course; he would not have needed the indignant outcry of the northern press, the outraged roar of Douglas, to inspirit him. But Buchanan quailed before the storm of passion into which proslavery extremists had worked themselves.
The hot blood of the South was now up. That section, grossly misinformed upon events in Kansas, believed that it was being cheated. The northern freesoilers had vowed that no new slave state (save by a partition of Texas) should ever be admitted. Southerners thought that in pursuance of this resolve, the Yankees had made unscrupulous use of their wealth and numbers to lay hands on Kansas. Did the North think itself entitled to every piece on the board—to take Kansas as well as California, Minnesota, Iowa, Nebraska, Oregon—to give southerners nothing? The Lecompton delegates, from this point of view, were dauntless champions of a wronged section. What if they did use sharp tactics? That was but a necessary response to northern arrogance. Jefferson Davis declared that his section trembled under a sense of insecurity. “You have made it a political war. We are on the defensive. How far are you to push us?” Sharp threats of secession and battle mingled with the southern denunciations. “Sir,” Senator Alfred Iverson of Georgia was soon to assert, “I believe that the time will come when the slave States will be compelled, in vindication of their rights, interests, and honor, to separate from the free States, and erect an independent confederacy; and I am not sure, sir, that the time is not at hand.”
Three southern members of the Cabinet, Cobb, Thompson, and John B. Floyd, had taken the measure of Buchanan’s pusillanimity. They, with one northern sympathizer, Jeremiah Black, and several White House habitués like John Slidell of Louisiana, constituted a virtual Directory exercising control over the tremulous President. They played on Buchanan’s fierce partisan hatred of Republicans, and his jealous dislike of Douglas. They played also on his legalistic cast of mind; after all, the Lecompton constitution was a legal instrument by a legal convention—outwardly. Above all, they played on his fears, his morbid sensitiveness, and his responsiveness to immediate pressures. They could do this the more easily because the threats of disruption and violence were real. Henry S. Foote, a former senator from Mississippi and an enemy of Jefferson Davis, who saw Lecompton in its true light and hurried to Washington to advise the President, writes:
“It was unfortunately of no avail that these efforts to reassure Mr. Buchanan were at that time essayed by myself and others; he had already become thoroughly panic-stricken ; the howlings of the bulldog of secession had fairly frightened him out of his wits, and he ingloriously resolved to yield without further resistance to the decrial and villification to which he had been so acrimoniously subjected.”
And the well-informed Washington correspondent of the New Orleans Picayune a little later told just how aggressively the Chief Executive was bludgeoned into submission:
“The President was informed in November, 1857, that the States of Alabama, Mississippi, and South Carolina, and perhaps others, would hold conventions and secede from the Union if the Lecompton Constitution, which established slavery, should not be accepted by Congress. The reason was that these States, supposing that the South had been cheated out of Kansas, were, whether right or wrong, determined to revolt. The President believed this. Senator Hunter, of Virginia, to rny knowledge, believed it. Many other eminent men did, and perhaps not without reason.”
Buchanan, without imagination as without nerve, began to yield to this southern storm in midsummer, and by November, 1857, he was surrendering completely. When Congress met in December his message upheld the Lecompton Constitution with a tissue of false and evasive statements. Seldom in American history has a chief magistrate made a greater error, or missed a larger opportunity. The astute secretary of his predecessor, Franklin Pierce, wrote: “I had considerable hopes of Mr. Buchanan—I really thought he was a statesman—but I have now come to the settled conclusion that he is just the damndest old fool that has ever occupied the presidential chair. He has deliberately walked overboard with his eyes open—let him drown, for he must.”
As Buchanan shrank from the lists, Douglas entered them with that gaudium certaminis which was one of his greatest qualities. The finest chapters of his life, his last great contests for the Union, were opening. Obviously he would have had to act under political necessity even if deaf to principle, for had he let popular sovereignty be torn to pieces, Illinois would not have sent him back to the Senate the following year; but he was not the man to turn his back on principle. His struggle against Lecompton was an exhibition of iron determination. The drama of that battle has given it an almost unique place in the record of our party controversies.
“By God, sir!” he exclaimed, “I made James Buchanan, and by God, sir, I will unmake him!” Friends told him that the southern Democrats meant to ruin him. “I have taken a through ticket,” rejoined Douglas, “and checked my baggage.” He lost no time in facing Buchanan in the White House and denouncing the Lecompton policy. When the President reminded him how Jackson had crushed two party rebels, he was ready with a stinging retort. Douglas was not to be overawed by a man he despised as a weakling. “Mr. President,” he snorted, “I wish you to remember that General Jackson is dead.”
As for the southern leaders, Douglas’ scorn for the extremists who had coerced Buchanan was unbounded. He told the Washington correspondent of the Chicago Journal that he had begun his fight as a contest against a single bad measure. But his blow at Lecompton was a blow against slavery extension, and he at once had the whole “slave power” down on him like a pack of wolves. He added: “In making the fight against this power, I was enabled to stand off and view the men with whom I had been acting; I was ashamed I had ever been caught in such company; they are a set of unprincipled demagogues, bent upon perpetuating slavery, and by the exercise of that unequal and unfair power, to control the government or break up the Union; and I intend to prevent their doing either.”
After a long, close, and acrid contest, on April i, 1858, Lecompton was defeated. A coalition of Republicans, Douglasite Democrats, and Know-Nothings struck down the fraudulent constitution in the House, 120 to 112. When the vote was announced, a wild cheer rolled through the galleries. Old Francis P. Blair, Jackson’s friend, carried the news to the dying Thomas Hart Benton, who had been intensely aroused by the crisis. Benton could barely speak, but his exultation was unbounded. “In energetic whispers,” records Blair, “he told his visitor that the same men who had sought to destroy the republic in 1850 were at the bottom of this accursed Lecompton business. Among the greatest of his consolations in dying was the consciousness that the House of Representatives had baffled these treasonable schemes and put the heels of the people on the neck of the traitors.”
The Administration covered its retreat by a hastily concocted measure, the English Bill, under which Kansas was kept waiting on the doorstep—sure in the end to enter a free state. The Kansas plotters, the CobbThompson-Floyd clique in the Cabinet, and Buchanan had all been worsted. But the damage had been done. Southern secessionists had gained fresh strength and greater boldness from their success in coercing the Administration.
The Lecompton struggle left a varied and interesting set of aftereffects. It lifted Stephen A. Douglas to a new plane; he had been a fighting Democratic strategist, but now he became a true national leader, thinking far less of party and more of country. It sharpened the issues which that summer and fall were to form the staple of the memorable Lincoln-Douglas debates in Illinois. At the same time, it deepened the schism which had been growing for some years between southern Democrats and northwestern Democrats, and helped pave the way to that disruption of the party which preceded and facilitated the disruption of the nation. It planted new seeds of dissension in Kansas—seeds which resulted in fresh conflicts between Kansas free-soilers or jayhawkers on one side and Missouri invaders or border ruffians on the other, and in a spirit of border lawlessness which was to give the Civil War some of its darkest pages. The Lecompton battle discredited Buchanan in the eyes of most decent northerners, strengthened southern conviction of his weakness, and left the Administration materially and morally weaker in dealing with the problems of the next two and a half critical years.
For the full measure of Buchanan’s failure, however, we must go deeper. Had he shown the courage that to an Adams, a Jackson, a Polk, or a Cleveland would have been second nature, the courage that springs from a deep integrity, he might have done the republic an immeasurable service by grappling with disunion when it was yet weak and unprepared. Ex-Senator Foote wrote later that he knew well that a scheme for destroying the Union “had long been on foot in the South.” He knew that its leaders “were only waiting for the enfeebling of the Democratic Party in the North, and the general triumph of Free-soilism as a consequence thereof, to alarm the whole South into acquiescence in their policy.” Buchanan’s support of the unwise and corrupt Lecompton constitution thus played into the plotters’ hands.
The same view was taken yet more emphatically by Douglas. He had inside information in 1857, he later told the Senate, that four states were threatening Buchanan with secession. Had that threat been met in the right Jacksonian spirit, had the bluff been called—for the four states were unprepared for secession and war—the leaders of the movement would have been utterly discredited. Their conspiracy would have collapsed, and they would have been so routed and humiliated in 1857 that the Democratic party schism in 1860 might never have taken place, and if it had, secession in 1861 would have been impossible.
The roots of the Civil War of course go deep; they go back beyond Douglas’ impetuous Kansas-Nebraska Bill, back beyond the Mexican War, back beyond the Missouri Compromise. But the last good chance of averting secession and civil strife was perhaps lost in 1857. Even Zachary Taylor in 1850 had made it plain before his sudden death that he would use force, if necessary, to crush the secessionist tendencies which that year became so dangerous. A similar display of principle and resolution seven years later might well have left the disunionist chieftains of the Deep South so weakened in prestige that Yancey and his fellow plotters would have been helpless. The lessons of this failure in statesmanship, so plain to Douglas, ought not to be forgotten. The greatest mistake a nation can make is to put at its helm a man so pliable and unprincipled that he will palter with a clean-cut and momentous issue.